Draves v. Minneapolis & St. Paul Suburban Railroad
Supreme Court of Minnesota
Action in the district court for Hennepin county by the guardian ad litem of Emma Draves to recover $25,000 for injuries caused by being struck by defendant’s street car. The answer alleged contributory negligence on the .part of plaintiff.
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Action in the district court for Hennepin county by the guardian ad litem of Emma Draves to recover $25,000 for injuries caused by being struck by defendant’s street car. The answer alleged contributory negligence on the .part of plaintiff. The case was tried before Leary, J., who at the close of the testimony denied defendant’s motion for a directed •verdict and a jury which returned a verdict for $10,870. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
Defendant owns and operates a double tracked electric line between Minneapolis and Excelsior. Outside the city and village limits it runs *323over its private right of way, except as public highways cross. At designated places along the line, and on signal, the cars stop to receive passengers. One such place is about half a mile east of Excelsior where the highway running north from Christmas lake crosses the tracks and immediately joins the Minnetonka boulevard. South of the tracks and some 20 feet east of the crossing is a small shelter place for waiting passengers. The tracks run practically…
2Cases cited2 opinions
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
- Howell v. Great Northern Railway Co.Supreme Court of Minnesota · 1914
3Cited by1 opinion
- Kruchowski v. St. Paul City Railway Co.Supreme Court of Minnesota · 1934